Sadhasivam v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.4619 of 2025

1. Sadhasivam

2. S.Uma Devi ... Petitioners/A-1 & 2

Versus

The State of Tamilnadu, Rep by the Inspector of Police, Anna Nagar Police Station, Madurai.

(Crime No.246 of 2025) ... Respondent/Complainant For Petitioners : M/S.Aran Legal Consultancy For Respondent : Mr.S.S.Manoj Government Advocate (Crl. Side) For Intervenor : Mr.A.S.Rajeswari 1/7

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.246 of 2025 on the file of the respondent police.

ORDER : The Court made the following order :- For Anticipatory Bail in Crime No.246 of 2025 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 318(4) of BNS, 2023, seek anticipatory bail.

2. The case of the prosecution is that the petitioner received an advance amount of Rs.4,50,000/- from the defacto complainant for leasing his house. However, the petitioner neither gave the house on lease nor returned the advance amount, thereby cheating him. Hence, the complaint.

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3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that the petitioners received an advance amount from the defacto complainant for leasing his housed and cheated him.

5. Taking into consideration of the facts and circumstances of the case and also considering the fact that the petitioners are ready to deposit Rs.4,50,000/-, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this 3/7

order, before the learned Judicial Magistrate No.VI, Madurai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that: (a) the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioners are directed to deposit a sum of Rs.4,50,000/- (Rupees Four Lakh Fifty Thousand Only), to the credit of Crime No.246 of 2025 before the learned Judicial Magistrate VI, Madurai. After receipt of entire amount, the learned Judicial Magistrate, shall deposit the said amount in an interest bearing Fixed Deposit in any Nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed in the case in Crime No.246 of 2025. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment.

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(c) the petitioners shall report before the respondent police as and when for interrogation. They have to co-operate for the investigation;

(d) the petitioners shall not tamper with evidence or witness either during investigation or trial; (e) the petitioners shall not abscond either during investigation or trial;

(f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

(S S Y J) 17.09.2025 jbr 5/7

To

1. The Judicial Magistrate VI, Madurai.

2. The Inspector of Police, Anna Nagar Police Station, Madurai.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J.

jbr

ORDER

IN CRL OP(MD) No.4619 of 2025 Date : 17.09.2025 7/7